Toy Association Files Amicus Brief Against China Tariffs, Calls Out Failures of USTR Tariffs Process

August 12, 2021 | The Toy Association was among a group of trade associations that collectively filed a “friend of the court” amicus brief with the U.S. Court of International Trade on August 9 against the Trump administration’s tariffs on goods from China.

The brief signaled support for the thousands of businesses and their employees that have been negatively affected by the Trump-era tariffs imposed by the United States Trade Representative (USTR), which remain in effect while the Biden administration reviews its trade policy toward China. These tariffs on goods valued at more than $350 billion annually are seven times the value of harm identified by USTR in the underlying Section 301 investigation.

“While these tariffs may no longer be the lead story in the news, the longer they remain in place the greater the impact they have on the American businesses being forced to pay these taxes – businesses which are simultaneously dealing with the ongoing ill effects of the pandemic and disastrous supply chain disruptions,” said Ed Desmond, executive vice president of external affairs at The Toy Association. “Additionally, these taxes are continuing to result in higher prices on toys, ultimately hurting the families that the toy industry serves.”

In September 2020, more than 6,500 plaintiffs filed suit challenging the List 3 and List 4A tariffs as unlawful under Section 301 of the Trade Act of 1974, arguing that the USTR exceeded its authority by failing to provide “meaningful opportunity” for, or consideration of, public comments.

“We are hopeful that this brief provides the courts with the additional information and perspective they need to rule in favor of the businesses, including members of the toy industry, that continue to be affected by these tariffs,” added Desmond.

The amicus brief can be viewed in its entirety here.